Single-judge High Court of Jharkhand rejected bail application of petitioner accused of kidnapping under Section 366-A IPC. Court held allegations supported by victim statement under Section 164 Cr.P.C. and refused enlargement.
Bail rejected. Petitioner not enlarged.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 850 of 2016
Manoj Bhuiyan @ Manoj Kumar @ Manoj Bhuian ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party --------
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : M/s M.K. Dey, Sr. Advocate & P.K. Rahul, Advocate For the State : A.P.P. --------
3/ 01.03.2016 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
The petitioner has been made accused for the offence under Section 366-A of the Indian Penal Code, in connection with Herhanj P.S. Case No. 29 of 2015 corresponding to G.R. No. 872 of 2015.
There is direct allegation against the petitioner to have kidnapped the minor daughter of the informant.
The impugned order shows that the allegation against the petitioner has been supported by the victim girl also in her statement recorded under Section 164 of the Cr.P.C.
In the facts of this case, I am not inclined to enlarge the petitioner, Manoj Bhuiyan @ Manoj Kumar @ Manoj Bhuian, on bail. Accordingly, his prayer for bail is rejected.
( H. C. Mishra, J.)
R.Kr.
2 issues framed by the court
Whether the petitioner is entitled to be enlarged on bail in a case of kidnapping under Section 366-A IPC.
Whether the direct allegation by the victim supports rejection of bail.
1 provisions across 1 enactments
Manoj Bhuiyan @ Manoj Kumar @ Manoj Bhuian
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
